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Howard v. City of Atmore12/12/2003
of conduct in that opinion. Specifically, she states:
"Cranman is a departure from the days in which a court was required to engage in the discretionary versus ministerial function analysis. The old 'discretionary functions' are now embodied in a comprehensive test and where the conduct at issue does not fall within a category of conduct recognized by the restated rule as immune, the official is therefore not entitled to state-agent immunity.
"....
"According to the Cranman test, the conduct that is challenged in this case, i.e., training, implementing/enforcing procedures, and identification and handling of potentially suicidal persons in confinement, [does] not fit within any category of conduct recognized by the restated rule as immune."
Howard's appellate brief, at 39-41 (emphasis added).
Howard's reading of Cranman is too rigid. Cranman is a restatement of the law of immunity, not a statute. Categories (3) and (4) of that restatement are clearly broad enough to contemplate the confinement of prisoners, which is the conduct in controversy here.
On its face, Cranman disclaims the rigidity, or exclusivity, attributed to it by Howard. In other words, Cranman states categories, but does not purport to set forth an exhaustive list of activities falling within each category. Thus, the Cranman categories include the guarding of a city jail by a regular municipal police officer.
Howard next contends that Officer Bryars is not entitled to immunity, because, she insists, he failed to follow mandatory rules and procedures prescribed by the City police department for observing inmates. She refers specifically to an "Administrative Order" ("the order"), which constituted a portion of the "Standard Operating Procedures Manual" ("the manual"). The defendants submitted the order and other pertinent portions of the manual in support of their motion for a summary judgment. Regarding the order and the manual, Chief McKinley's affidavit states, in pertinent part:
"4. The [City] has written policies and procedures directed toward preventing injury to persons confined in the Atmore City Jail, including persons who might attempt suicide. There is also video monitoring equipment in the jail used to assist in monitoring inmates. In addition, there are some unwritten policies used in the Atmore City Jail to minimize the risk of inmate suicide. All of these policies, procedures and equipment were in place at the Atmore City Jail as of May 25, 1999.
"5. The day to day operation and control of the jail is generally performed by an employee serving both as a dispatcher and jailer. Attached to this affidavit and marked as Exhibit A is a copy of the job description of dispatcher from the [manual] of the City of Atmore.
"6. In addition, the shift supervisor, generally a police sergeant, is also charged with consulting with the dispatcher/jailer in instances where an inmate demonstrates a potential for suicide or to harm themselves. Attached to this affidavit and marked as Exhibit B is a true and correct copy of the job description of police sergeant from the [manual] of the City of Atmore, along with the administrative order for the communications unit of the [City], a true and correct copy of which is attached as Exhibit C.
"....
"10. Typically, dispatchers are required to make a cell check twice an hour and more frequently as they see a need. The cell check consists of the dispatcher physically walking into the jail area and viewing the person in their cell."
(Emphasis added.)
The order states in part:
"ADMINISTRATIVE ORDER
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